NC-252 - Harassment

The Appellant appealed the Respondent’s Decision that she had not demonstrated that she had suffered harassment.

On appeal, the Appellant alleges that the Decision was reached in a procedurally unfair manner and is clearly unreasonable. She also argues that a conflict of interest existed between the witnesses, herself and the Respondent, and that the disclosure of evidence to the Respondent in support of her complaint was incomplete. She also contends that the Respondent erred in law by misapplying the reasonable person test. 

The ERC determined that the Appellant was precluded from raising concerns about conflict of interest and missing documents on appeal, as she failed to raise these concerns at the earliest opportunity when she received the Preliminary Investigation Report. The ERC also found that there was no compelling evidence to suggest that additional witnesses would have provided relevant information that could have materially affected the Respondent’s findings. Moreover, the ERC found that the Appellant did not provide sufficient evidence to demonstrate that the Respondent made factual errors that would render the Decision clearly unreasonable. Finally, the ERC found that the Respondent properly applied the reasonable person test and considered the incidents as a whole. 

The ERC recommended that the appeal be dismissed.

The Adjudicator agreed with the ERC Findings and Recommendations and as such, adopted the ERC Findings and Recommendations in their entirety as their reasons for concluding for that this appeal be dismissed.